smcgivern [at] withersgough.com
Kansas Wage and Employment Law Blog
Practice Areas: Civil Litigation; Wage and Hour Law; Employment Law; Long Term Disability Insurance/ERISA Claims; Insurance Coverage; Product Liability; Business Litigation; Consumer Law; Professional Liability; Personal Injury
Admitted: 2007: Kansas (State and Federal Courts) and U.S. Court of Appeals, Tenth Circuit
Law School: 2006: University of Kansas, J.D.
Biography: Phi Beta Kappa; Attorney at WGPPP since April, 2007; Partner, 2012.
Personal Background: Sean grew up in Topeka, Kansas and went to K-State, where he participated in his fraternity Pi Kappa Phi and student government. Sean enjoys spending time with wife Megan, Henry (pug), and Rudy (shih tzu). Golf is Sean's favorite hobby.
Professional Background: A substantial amount of Sean's practice is devoted to employment law, where he represents both employees and employers in disputes involving wage and hour laws, reasonable accommodations, FMLA, contracts restricting competition, and retaliation. In addition to litigation, Sean assists employers with labor department issues (examples: wage claims, unemployment claims, and classification issues), handbooks, policies, and other needs unique to employers. In 2012 and 2013, Super Lawyers Rising Stars selected Sean for for his work in employment law.
Sean regularly represents individuals in long-term disability (“LTD”) insurance claims and litigation, which are usually governed by the federal ERISA law. He has represented individuals in disputes with most major LTD insurance companies including: Aetna Life Insurance Company, Hartford Life and Accident Insurance Company, CIGNA Group Insurance/Life Insurance Company of North America, Reliance Standard Life Insurance Company/Matrix Absence Management, UNUM, Metropolitan Life Insurance Company, Prudential, and Lincoln National Life Insurance Company. Sean also helps clients with disability retirement claims and appeals. Through this experience, Sean is familiar with the ERISA claims and litigation process.
In 2013, Sean joined the Bench-Bar Committee of the United States District Court for the District of Kansas, a committee that has general advisory and liaison roles with respect to the operation of the court.
Armstrong et al. v. Genesh, Inc., Case No. 11-CV-1161-EFM-KMH, U.S. Dist. Ct., District of Kansas, 2012 (plaintiffs' counsel in FLSA collective action; settlement for Salaried Assistant Managers against Burger King franchisee with class members receiving more than $100.00 per workweek during class period).
Palsmeier v. Textron Master Retirement Plan & Textron, Inc., Case No. 11-CV-1384-EFM-KGS, U.S. Dist. Ct., District of Kansas, 2012 (represented participant in lawsuit against ERISA plan and its administrator for benefits (502(a)(1)(B)), injunction (502(a)(3)), and penalties (502(c)); obtained disability retirement benefits for client, plus back award of benefits, plus additional money to settle lawsuit).
Clopton et al. v. TSS, Inc. et al, Case No. 10-CV-1229-JAR-JPO, U.S. Dist. Ct., District of Kansas, 2010 (lead plaintiffs' attorney for a 27-plaintiff class conditionally certified under the Fair Labor Standards Act seeking unpaid compensation due to misclassification; settled in 2011, with plaintiff class members receiving 100+ cents on the dollar for unpaid wages, plus attorneys fees).
Hubbard v. Logi Warehousing and Transportation, LLC et al, Case No. 09-CV-02266-JPO, U.S. Dist. Ct., District of Kansas, 2010 (second chair trial counsel representing defendants; defense jury verdict in wrongful death case arising from double tractor trailer collision).
Wills v. Mike Steven Motors, Inc., Case No. 06 CV 4542, Sedgwick County District Court, Kansas, 2008 (second chair trial counsel representing plaintiff; plaintiff’s jury verdict finding breach of employment contract and willful Kansas Wage Payment Act violations).
CLE Presenter: "I Don't Do ERISA... Or Do I?" January 6, 2012 seminar on employment law practice, Wichita Bar Association Continuing Legal Education seminar.
CLE Presenter: “The New FTC Red Flags Rule Casts A Broad Net: Are You Prepared?” October 21, 2009 Wichita Bar Association Continuing Legal Education seminar.
CLE Presenter: “Pleading Claims and Affirmative Defenses After Twombly and Iqbal,” April 1, 2011, Wichita Bar Association Continuing Legal Education seminar on federal practice.
Community Involvement: Guardianship Assistance Program, Wichita, Kansas; Push America "Journey of Hope," Charlotte, NC.
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Wichita, KS 67202
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